Terms of Service
Last modified: 07.02.2021
Please read these Terms and Conditions carefully as these set out your and our legal rights and obligations in relation to using the Website and the Services. You will be asked to agree to these Terms and Conditions before creating the Account and/or using the Services. It is not possible to register the Account and/or use any Service without agreeing with these Terms and Conditions.
You should print a copy of these Terms and Conditions for future reference as any specific version of these Terms and Conditions may not be accessible on the Website in the future. You can always see the currently valid version of these Terms and Conditions on the Website or contact us to receive a copy of these Terms and Conditions via email. These Terms and Conditions may change and if they do, we will give you a 30-day notice, at the end of which period you will be deemed to have accepted the new Terms and Conditions by continuing to use the Services.
- Account - a personal user account on the Website where the Member can use the Service, and which includes the Member’s personal data, amount of earned Cashback, and the history of purchases.
- Affiliated Online Retailers – are parties other than the Company that provide services or sell product lines on their own websites, which you can access from the Website or through Browser Extension to earn Cashback.
- Browser Extension – an add-on to a browser that makes it possible to use the Service and earn Cashback for the Member when activated, and which is operated by the Company.
- Cashback – compensation payable to the Member for purchasing products or services from the Affiliate Online Retailer through the Website or Bowser Extension.
- Company or us – BACKIFY OÜ, a limited liability company incorporated in the Republic of Estonia with the registration number 16044672 and registered address at Tartu mnt 84a-402, 10112 Tallinn, Estonia.
- Maintenance Fee – a monthly non-refundable fixed fee in the amount of 2 euros to recover the cost for maintenance of the inactive Account.
- Member or you – a natural person with active legal capacity who is at least 18 years old and who has agreed to these Terms and Conditions.
- Party or Parties – under these Terms and Conditions, separately the Member or the Company or jointly the Member and the Company.
- Service – a cashback program with Affiliated Online Retailers, subject to certain conditions hereunder.
- Website – a web-based online environment available at https://backify.com/ through which the Service is mediated, and which is operated by the Company.
By using the Company’s Services, i.e. using the Website and Browser Extension for earning Cashback from your online shopping purchases with our Affiliated Online Retailers, you confirm that you have read these Terms and Conditions, agree to these Terms and Conditions and undertake to comply with these Terms and Conditions. If you do not agree to these Terms and Conditions, you must refrain from using the Services and/or registering the Account.
To use the Service, the Member must be over 18 years old, have legal capacity to enter into an agreement and is not prevented from using the Service by any applicable legislation.
The Member can only access the Account and use the Services on their own behalf and in their own name. Account access and use of the Services on behalf of third parties is forbidden. The Member is allowed to have only one account.
The Member may not assign its rights and obligations under these Terms and Conditions, in whole or in part, without the Company’s prior written consent, and any such assignment without such consent will be null and void.
The services are currently only provided in the countries and regions you find under the region selector during signup. Using the services from any other country may not be possible, and the member may not receive or be eligible to receive any cashback. The company has at any time the right to stop providing Services to any country without prior notification.
Provision of Service
- The Service is designed to give the Member the opportunity to receive Cashback for shopping online with our Affiliated Online Retailers. The Affiliate Online Retailers are parties other than the Company that provide services or sell products on their own websites, which the Member can access from the Website.
- To make a purchase from our Affiliate Online Retailer on the Website, the Member will be taken to the chosen Affiliate Online Retailer’s website. A product or service purchased from any Affiliated Online Retailers’ website through our Website or Service is governed by and subject to the applicable Affiliated Online Retailers’ terms and conditions, and policies.
- The Company is not responsible for fulfilling any purchase orders, shipping, or handling any refund, return, or exchange request for products or services purchased from Affiliate Online Retailer through our Website or Service.
- The description of Affiliate Online Retailers’ products and services is as accurate as possible on the Website. The Company does not warrant nor guarantee that such descriptions, prices, or other content of Affiliate Online Retailers’ products and services on the Website is accurate, complete, reliable, current, or error-free.
- The Company reserves the right to investigate any purchase transactions, Cashback, referral activity, or any interaction with Company’s Website that we believe, in our sole discretion, is abusing or has abused the Services.
- When using the Services, the Member will not:
- provide false, inaccurate, or misleading information;
- refuse to provide confirmation of any information you provide to us (including proof of identity);
- violate any applicable laws;
- access the Website or the Service by expert system, electronic agent, “bot”, or other automated means;
- impersonate another person, or misrepresent affiliation with another person or entity; or
- allow any other person to use the Account.
Account registration and Account Management
- To become a Member, you will be required to register the Account, provide an email address, and choose a safe password. As part of registering the Account you will be asked to provide personal information that may include, but not limited to, name, address, email, phone, gender and birth date.
- Members must be over 18 years old before using the services and registering the Account. If you are not 18 years old, you are not eligible to use the Services and register an Account.
- The Member’s refusal to provide the requested information will grant the Company the right to suspend, restrict, or cancel the access to the Website and the Services.
- The Member represents and warrants that they will provide the Company with true, accurate, current, and complete identity information and, where requested, further documentation to verify their identity.
- The Member is solely responsible for the safekeeping of their Account information. The Member is responsible for all activities under their log-in email and Account. The Member agrees to notify the Company immediately if they are aware of any unauthorised use of their Account and will strictly observe the security, authentication, and any other mechanism or procedures established on the Website or requested by the Company.
- The Account is not a financial account and does not carry a balance in US dollars, or in any other fiat currency or digital asset on the Member’s behalf. The Account records a general unsecured commercial obligation to the Member by the Company, as described in these Terms and Conditions. The legal title to any Cashback does not pass to the Member until the Member has taken possession of the Cashback by way of a successful withdrawal from their Account.
- The Member agrees to maintain their Account and keep it active. The Member’s Account is regarded as active if the Member has engaged in one of the following activities within the past 12 months:
- has updated their Account information;
- has shopped or started shopping via the Company’s Website; and
- has received Cashback.
- If the Member has not engaged in one of the activities in subsections 4.7.1 - 4.7.3 during the 12 consecutive months, the Company will debit the Maintenance Fee until the Member reactivates the Account or until the balance of the Account reaches zero.
- If the Member’s Account remains inactive for more than 12 consecutive months and the balance of the Account reaches zero, the Company will terminate the Account and cease to maintain Access to the Service.
Account Termination or Suspension
- At any time, the Company is entitled to restrict, suspend, or terminate any Member’s Account, the Website, the Browser Extension, and/or the Services; deny or restrict access to the Services or any functionality, feature, or other component of any Company’s Website or Browser Extension.
- The Company reserves the right to revoke any Cashback to, and/or terminate the Member membership of, any Member that the Company believes is abusing or has abused the Services, the Website and/or the Browser Extension. Any failure to comply with these Terms and Conditions, any fraud or abuse relating to the receipt of Cashback, or any misrepresentation of any information provided to the Company by the Member may result in the termination of their membership, provision of Services, and forfeiture of their acquired Cashback.
- The Company operates systems on the Website and Browser Extension to deter and limit any fraudulent use or abuse of the Services and reserves the right to apply any fraud prevention measures as the Company sees fit. Fraudulent activity includes, without limitation, the engagement in a pattern of returning products after Cashback has been credited, making fraudulent referrals by creating multiple Accounts, or using sign-up bonus for more than one time. Multiple Accounts created under the Referral Program with the same name, address, email address or other information may be flagged as fraudulent. Any repeat purchases that generate a high commission of Cashback, or any repeat attempts to purchase identical products through the same Affiliated Online Retailer over the course of every 30-day period may be flagged as suspicious activity. If Company has any reason to suspect fraudulent or suspicious activity associated with the Member’s Account, the Company reserves the right to delay or withhold payment of Cashback.
- The Company has the right to cancel, suspend, or restrict access to its Website, Browser Extension, or Services, and to take any other action it deems appropriate, if the Member does not meet the requirements referred to in these Terms and Conditions or stops fulfilling them. Under no circumstances will the Company be responsible for costs, losses, or damages of any kind that the Member or any third party may suffer as the result of such cancellation, suspension, or restriction of access to the Website, the Browser Extension, or the Services.
- The Member may close the Account on the Website at any time. The Company will keep the Account data up to three (3) months after receiving the request to close the Account. During this period, it is possible to restore the Account without losing information on the Website. The content of the Account, including the history, will not be available after that period.
Earning and receiving Cashback
- To earn Cashback, the Member must initiate a purchase from an Affiliated Online Retailer on the Company’s Website or using the Browser Extension. The Website will transfer the Member to the Affiliated Online Retailer’s website where the Member can finalize the transaction. The Company tracks such purchases and receives information with confirmation about the transaction.
- The Member will earn Cashback in the amount detailed on the specific Affiliate Online Retailed page on the Website.
- Cashback is earned on the Member’s net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Purchases of gift cards do not qualify for Cashback. Special exclusion or inclusion may apply for each individual Affiliated Online Retailer that will be available on the Affiliated Online Retailer page on the Website.
- Cashback shall only be payable on transactions if:
- Member purchases the Affiliated Online Retailer’s product or service through the Company Website or using the Browser Extension;
- Member completes its purchase from the point of initiation the purchase on the Website;
- Member is logged in to the Account, and the Account is valid and effective;
- Members enable cookies which are used to authenticate and verify the Cashback eligibility of the Member’s Account.
- Purchasing from Affiliate Online Retailer in any other way than through the Website, including using the Browser Extension, or using any other link or a sponsored advert will not activate the Service and the Member will not receive Cashback.
- Navigation away from the Website or failing to complete the purchase on the Affiliate Online Retailer’s website in full, from the point of initiation, including, but not limited to, visiting other stores while completing the purchase, may result in the failure to receive Cashback. Activating any other cashback service during the purchase will not activate the Service and the Member will not receive Cashback.
- The Member will not receive Cashback if using outdated link or link published in error on the Website to purchase from Affiliate Online Retailer. The Company will do everything to remove the outdated or incorrect links on the Website but cannot guarantee it and shall not be liable in any way if Member does not earn any Cashback from such purchases.
- Receiving the confirmation from the Affiliate Online Retailer, the Cashback amount will be shown in Account as “pending”. When the Affiliate Online Retailer validates the purchase and has transferred the commission to the Company, the Cashback amount will be shown in Account as “approved”.
- The Member may withdraw the payable Cashback in Account in accordance with these Terms and Conditions at any time. The minimum withdrawal amount for Cashback and other rewards is 5 euros. The balance below 5 euros remains on the Member's Account for the next payment during the payment period. The Company pays members Cashback via PayPal, Trustly or any other payment options as the Company may make available from time to time.
- The withdrawal amount of Cashback will be converted to the respective currency or digital asset at the time of withdrawal is submitted on the Website.
- After the withdrawal of payable Cashback, the Company will send a confirmation email to the Member’s email address with payment details.
- The Member is responsible to ensure that correct payment details are submitted. The Company will not be responsible for any payable Cashback being sent to an incorrect destination if the Member has provided incorrect details.
- The time between withdrawing payable Cashback and it being credited to the Member’s chosen payment method may vary.
- The Cashback may be declined in all or part if the purchase from the Affiliate Online Retailer is returned, amended, or cancelled.
- The Member acknowledges that the Affiliated Online Retailer’s decision is final in relation to the payment of Cashback to the Company. The Company will take all reasonable steps to secure the payment of Cashback on a transaction to the Member. However, the Company does not make any guarantee regarding the payment of the expected Cashback. In the event the Company does not receive the expected Cashback for a transaction, the Company will not be liable to pay the relevant Cashback to the Member.
- Estimated payment date displayed on transactions is purely for guidance only and is not a guaranteed date for the receipt of the Cashback. If the estimated payment date for the Cashback on a transaction is delayed, the Company will not be liable to pay the relevant Cashback to the Member.
- The Company has the right to reclaim or adjust any Cashback paid to the Member in the event that Cashback has been paid to the Member in error.
- The Company periodically offers rewards and bonuses for referring new Members to the Services. Please read the Referral Program Policy that can be found at the dedicated page for the referral program for further information.
Affiliated Online Retailers
- The Member agrees that the Company is not an agent of any Affiliated Online Retailer and that the Affiliated Online Retailers operate independently and are not under the Company’s control with respect to the Services or otherwise.
- The Company does not assume any liability, obligation, or responsibility for any part of correspondence, offer, or promotion of Affiliated Online Retailers, including, without limitation, the withdrawal or modification of any offer or promotion by Affiliated Online Retailers. The Company is not responsible for changes to, or discontinuance of, any Affiliated Online Retailer, or for any Affiliated Online Retailer’s withdrawal from the Service.
- If you wish to ask any question related to the Services or the Website, you can contact the Company by writing an email to [email protected]
Exclusion of Liability
- The Company shall not be liable to the Member for:
- any failure to fulfil your instructions as a result of circumstances which could reasonably be considered to be outside our control;
- malfunctions in communications facilities which cannot reasonably be considered to be under our control;
- any losses or delays in the performance of the Services arising out of the use of any internet services provider, or caused by any browser or other software which is not under our control;
- errors on the Website or with the Services caused by incomplete or incorrect information provided to us by you or a third party;
- any losses or damages resulting from any transaction made through the Website or the Browser Extension with the Affiliate Online Retailer; or
- any losses or damages in connection with the accuracy or content of any product or service displayed on the Website or on any other website that the Member may access through the Website.
- The Company shall have no responsibility for any fees or charges you may incur by the use of a particular payment instrument in connection with the Services. These may include but are not limited to unauthorized or authorized overdraft fees imposed by financial institutions.
- Any claim for compensation made by you must be notified to us and supported by the relevant documentation.
- If the Website contains links to a third-party website, the Company does not guarantee that the information displayed on these websites is correct, complete, or accurate. The Company is not obligated and will not control the information of these websites. The owners of these third-party websites will be liable for the content of these websites.
- The Website, the Services and all intellectual property relating to and contained in them (including but not limited to, copyright, patents, database rights and trademarks) are owned by or licensed to the Company. All right, title and interest in and to the Website and the Services shall remain the property of the Company.
- The Website, the Browser Extension, and the Services may be used only for the purposes permitted by these Terms and Conditions. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Browser Extension, or the Services without the Company’s express written permission.
Processing of Personal Data
- The Member’s personal data related to and under these Terms and Conditions will be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation) and the Company’s Privacy Notice. Detailed information regarding processing of personal data by the Company and information about data subjects’ rights and implementation of them can be obtained from Privacy Notice available on the Website here.
- The encrypted data communications line with banks ensures the security of the personal data and bank account information of the Member. The representatives of the Company do not have any access to the respective encrypted data.
Applicable Law and Jurisdiction
- The law of the Republic of Estonia shall apply to these Terms and Conditions.
- All disputes arising from these Terms and Conditions shall be settled by negotiations between the parties. If the dispute is not settled by negotiations within a reasonable timeframe, it is to be referred to the Harju County Court, Tallinn, Estonia.
- If the Terms and Conditions are in conflict with the information provided on the Website or any other document, the Terms and Conditions will prevail.
- Materials and other content published on the Website or elsewhere are not binding and do not, unless explicitly referred to herein, form part of these Terms and Conditions, and are of descriptive nature only.
- Any failure by the Company to enforce any of its rights or obligations set out within these Terms and Conditions will not constitute a waiver of its rights to subsequently enforce such provision or any other provision of these Terms and Conditions.
- If any provision of these Terms and Conditions is or becomes illegal or unenforceable under a relevant jurisdiction, in whole or in part, such a provision will be deemed ineffective from these Terms and Conditions without affecting the remaining provisions, which will continue in full force and effect.